Johnson v. Dyke

Citations

• 20 Cal. 225

Syllabus

<p>The time fixed by the first section of the Limitation Act of 1855, within which an action may be commenced for the recovery of land under a title derived from the Mexican or Spanish Governments, does not begin to run until the issuance of the patent by the United States Government.</p> <p>The terms “ final confirmation by the Government of the United States,” as used in said act, mean the definitive confirmation of the title to certain specifically described premises, and include not only the recognition of the validity of the title by the Judicial Department, but also by the Executive Department, which formerly exercised supervision and control over the location of confirmed Mex-can grants.</p> <p>Until the Act of Congress vesting the supervision and control of surveys of confirmed Mexican grants in the United States District Court, there was no absolute finality to the survey until it had received the approval of the Commissioner of the Land Office, as well as that of the Surveyor General for California; and the only authoritative evidence of such approval was the patent.</p>